M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
DECEMBER 2, 2002
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, December 2, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN and COFFMAN were present. The City Manager, City Counselor, City Clerk and various department heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of November 18, 2002, were approved unanimously by voice vote on a motion by Mr. Coffman and a second by Mr. John.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    The agenda, including the Consent Agenda, was approved unanimously on a motion made by Mr. Janku and a second by Mayor Hindman.
    Mayor Hindman welcomed Cub Scout Pack 703, Den One, who were present to observe the meeting.
 

SPECIAL ITEMS
(A)     Commendation for Chad Shettlesworth.
    Chief Boehm asked Chad Shettlesworth to join him at the podium. He relayed the events of November 12 wherein the Police Department received a report of a missing ten year old child from Blue Ridge Elementary School. He explained that other City departments were contacted and asked to assist in searching for the child. An employee of the Water and Light Department, Chad Shettlesworth, responded to the request for assistance and found the girl in a wooded area not far from the school. Chief Boehm thanked Mr. Malon for his support of the program, as well as the other department heads in helping with the system, and in particular, Mr. Chad Shettlesworth for his response and exceptional performance. Chief Boehm presented Chad with a plaque of commendation as a token of appreciation for his excellent performance. Mr. Malon also thanked Chad for the fine deed and said he is an outstanding example of the fine folks that work for the Water and Light Department. He indicated that Chad is typical of so many people that work for the City. Mayor Hindman thanked Mr. Shettlesworth on behalf of the Council.
 

(B)     New Century Fund fund raising campaign for MLK Memorial.
    Wally Pfeffer, 1405 Overhill Road, Chair of the New Century Fund Board, explained that the Martin Luther King memorial is in need of repair and that the Office of Cultural Affairs worked with an art conservator to determine the cause of the damage and to develop a plan for permanent repairs. The New Century Fund has reviewed the information and they felt the MLK memorial should continue to be a place of pride in the community. Mr. Pfeffer reported that the group would like to lead an effort to raise $100,000 to repair the memorial and provide funds for an endowment for future maintenance and repairs. Mr. Pfeffer stated the New Century Fund Board would like to begin fund raising immediately and asked for Council support.
    Mayor Hindman motioned that the New Century Fund be authorized to proceed with a fund raising campaign for the Martin Luther King memorial restoration. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

SCHEDULED PUBLIC COMMENTS
(A)     Rick Shanker - proposals to quell party noise in neighborhood.
    Rick Shanker, 602 S. William, offered suggestions to reduce the number of noisy neighborhood parties. His recommendations included streamlining the complaint process, designating a party permit program for the East Campus area, posting signs that outlined restrictions for outdoor parties, or having the responding police officer contact the property owner at the time of the complaint. Mr. Shanker was hopeful the situation could be addressed through staff, police, landlords and neighborhood associations.
 

PUBLIC HEARINGS
B361-02     Amending Chapter 29 of the City Code relating to landscaping requirements for motor vehicle, trailer and farm machinery sales and service facilities.
    The bill was read by the Clerk.
    Mayor Hindman explained that he had met with some representatives of the car dealerships and felt they had a good discussion. While the dealers object to certain parts of the proposed amendments, he said they are interested in making some improvements, but need time in order to work those out. Mayor Hindman suggested the Council table the issue.
    Mayor Hindman opened the public hearing.
    Linda Baumgardner, Chair of the Chamber of Commerce, indicated the Council received a letter from the Chamber voicing their opposition to the current proposal. Using Legend Automotive as an example, she noted if the amendments are approved as currently submitted, this dealership would have to add 37 trees to their lot which would cost over $5,000.
    Mayor Hindman closed the public hearing.
    Mayor Hindman made the motion that B361-02 be tabled to the January 21, 2003, meeting. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

B401-02     Authorizing water main relocation along Donnelly Avenue, Independence Street, Florence Avenue, Clayton Street and Hardin Street.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this work is being done in conjunction with a storm water project in the area. The project calls for replacing 1,120 feet of six-inch cast iron water pipe with six-inch PVC pipe at an estimated cost of $9,100 to be paid from Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B401-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

R222-02     Parks & Recreation Master Plan 2002 Facilities Needs Update.
    The resolution was read by the Clerk.
    Mr. Beck noted that this item had been tabled from the first meeting in November so the Council would have the opportunity to review previous public hearing comments. He pointed out that this Master Plan is one element of the overall City Comprehensive Plan and that it would be reviewed from year to year in the CIP planning process.
    Mayor Hindman noted that this document can be viewed on the City's web site.
    Mr. Janku explained that Ms. Crayton had identified the need for walking trails in the First Ward. He asked if that was reflected in the Plan. Mr. Hood replied the best way to take that into account would be to identify parks in the First Ward which might be suitable for a walking trail. He thought Douglass Park would have the available land base to accommodate a short walking trail. Mr. Hood related that the Council could ask staff to include a statement in the Plan to stipulate, "It is a goal to establish additional walking trails within the parks and open space facilities within the First Ward."
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Ms. Crayton made the motion that staff be directed to include a statement in the Plan regarding the goal to establish additional walking trails in the First Ward. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The vote on R222-02, as amended, was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

OLD BUSINESS
B393-02     Amending Chapter 2 of the City Code as it relates to city commissions.
    The bill was read by the Clerk.
    Mr. Beck noted that this item had been tabled so that the Council could discuss it at a work session.
    Karl Skala, 5201 Gasconade, believed the bill did not address the issue of whether or not advisory boards and commissions may initiate advice without having the Council refer an issue to them. Regarding attendance, he felt a four absence rule would work. With reference to voting inequality, Mr. Skala said if votes are taken away from any of the members in a commission, it would provide a disincentive for adequate deliberation and good advice. Further, it would complicate the quorum determinations. He suggested the Council consider a quorum of the majority of the duly appointed members rather than the members that were supposed to have been appointed. Mr. Skala explained that he is the elected chair of the Energy and Environment Commission, but is also the appointed member from the Planning and Zoning Commission. He noted a Planning and Zoning officer who also serves on the Watershed Task Force and I-70 Study Group, and members with voting privileges for both the Board of Adjustment and Bicycle/Pedestrian Commission. He suggested an alternative of allowing only one concurrent board or commission leadership position or full membership or voting privilege.
    Henry Lane, 1816 E. Broadway, Chair of the Board of Mechanical Examiners, explained that this Board has a terrible time recruiting members to serve. He said they also have trouble with quorums, and he added that further attendance restrictions would be the end of the Board. He thought other small groups could have the same problem.
    John Clark, 403 N. Ninth, made reference to written comments he previously sent to the Council. He suggested that the issue be tabled for at least a month in order for the Council to meet with the commissions at a work session. It was Mr. Clark's impression that the purpose of the amendments is to reduce the role of the various boards and commissions to reactive bodies.
    Sam Giroux, 1409 University, the Sixth Ward representative of the Community Development Commission, concurred with the proposed changes regarding the leadership aspect and attendance policy.
    Mr. Janku noted that his wife serves on a City commission. He spoke with Mr. Boeckmann about the situation and he will not have to abstain from voting on this issue as there is no financial interest by either the Commission or the Council with the proposed amendments.
    Mr. Coffman was of the opinion that liaison members should continue to be voting members, but not officers. He felt if these members were relegated to an observer status, they would lose their intent as liaisons - a link between two differently focused advisory groups.
    Mr. Coffman made the motion that B393-02 be amended by removing the language from each section that stipulated liaison appointees shall be non-voting members. The motion was seconded by Mr. Janku.
    Mr. Janku suggested further amending the language to read liaisons shall be voting members but shall not be eligible to serve as officers of the commission. Mr. Coffman accepted the friendly amendment.
    Mr. Janku thought that if liaisons were prevented from voting, it would be a disincentive for them to participate.
    Mr. John commented there are times when a vote is counted in numerous places, and it places too much emphasis on one person. He said the Council appoints voting members to commissions, and the liaison position was established so there would be feedback between the various boards, but it would not enhance the voting presence of one person.
    Mr. Hutton asked for an example of what could come before the Council that would be voted on by two commissions. Mr. John responded many issues that go through Planning and Zoning, i.e., subdivision ordinances, lighting, trees, etc., would come from Energy and Environment through P&Z to the Council.
    The motion to amend, made by Mr. Coffman, seconded and amended by Mr. Janku, passed by voice vote.
    Ms. Crayton made the motion that B393-02 be tabled until January. The motion was seconded by Mr. Coffman for purposes of discussion.
    Regarding attendance, Mr. Coffman was satisfied that the proposed amendment strikes a good balance.
    Ms. Crayton believed the Council should do more to ensure that people from every walk of life are comfortable in applying for membership to the City's boards and commissions.
    Mr. John responded getting people to apply is one issue, but getting them to attend is another. He felt if someone attends 50% of the meetings and does not have any excused absences, they do not hold much value to the cause. He is appreciative of people volunteering, but when a member of a board or commission is not doing any work they are not really volunteering. If someone really wants to be a member of a commission and had a valid reason for not attending the meetings prior to their dismissal, Mr. John indicated there is nothing that would prevent this person from reapplying.
    The vote on Ms. Crayton's motion to table B393-02, seconded by Mr. Coffman, was defeated by voice vote.
    Regarding attendance, Mr. Loveless felt there is no value to excused attendance. He saw no reason to put the burden of excusing someone on the Chair of the commission. He said if a member is not there, they are not contributing to the input expected by the people who appointed him. Mr. Loveless maintained it did not matter if they are excused or not, they are simply not there. He suggested removing the excused portion of the language from the ordinance.
    Mr. Janku countered that there is a benefit for distinguishing between excused and unexcused absences. He noted when members call in their absences, the Chair can determine whether there will be enough attendees for a quorum. Mr. Janku said that would be helpful to the function of the commission. He believed the unexcused members are the ones that can really destroy a group. Mr. Janku suggested reducing unexcused absences to 25% per year. He felt if someone did not have the courtesy to contact the Chair, they should be gone.
    Mr. Janku made the motion to further amend B393-02 so that members with unexcused absences would forfeit office after missing twenty-five percent of the regular meetings held in a calendar year The motion was seconded by Ms. Crayton.
    Mr. Loveless acknowledged the value of reporting absences to the Chair in terms of notifying members of a meeting cancellation due to lack of a quorum.
    The motion to amend, made by Mr. Janku, seconded by Ms. Crayton, was approved unanimously by voice vote.
    Mr. John made the motion to further amend B393-02 by striking the word "Court" after Boone County and inserting the word "Commission" in Section 2-347. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B393-02, as amended, was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

    In reference to the previous bill, Mr. Loveless wondered if each board and commission would be notified of the Council's amendments. He asked that the Chairs be notified so the issue could be put on their agenda for their next meeting. Mr. Beck said it would be taken care of.
 

PR218-02     Establishing revised Community Development Block Grant funding guidelines.
    The policy resolution was given second reading by the Clerk.
    Mr. Beck explained that this would revised the existing Council policy resolution, developed in 1991, which provides for general guidance in the use of CDBG funds for public improvements such as housing, community facilities, community services, and planning administration.
    Mr. Janku explained his change to the prepared amendment sheet to Section 2, the third sentence, to read: "Following the procedure outlined in Section 3, the City reserves the right to adjust the amount of funding in the categories indicated below to best meet the City's community development needs, such as where a unique project is submitted that, without the use of CDBG funding, could not be implemented within the program year."
    Mr. Janku made the motion that the amendment sheet be amended per his above statement. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. Coffman did not see how this revised resolution would discourage private entities from competing. He assumed that had not been the intent of any of the revisions, and that the Council would be adding more review to the City related programs that would otherwise simply be considered by the Commission. Mr. Janku felt the change would advance the process so all City department and Council priorities are presented to the Commission before they make their recommendations. In the past, the Commission was not aware of the projects the Council was thinking about.
    Mr. Hutton made the motion that the proposed amended amendment sheet be approved. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    The vote on PR218-02, as amended, was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Policy Resolution declared adopted, reading as follows:
 

CONSENT AGENDA
    The following bills were given second reading and the resolutions were read by the Clerk.

B394-02 Approving the final plat of Bluff Creek Office Park, Plat 3-I.

B395-02 Authorizing a right of use permit with LPBW Development Company, LLC to allow work within portions of the Port Orchard Drive, Cascades Drive and Chelan Circle rights-of-way.

B396-02 Authorizing a right of use permit with Show Me Central habitat for Humanity to allow work within portions of the Thomas Drive right-of-way.

B397-02 Authorizing a right of use permit with Digital Teleport, Inc. to install fiber optic cable within city right-of-way.

B398-02 Accepting a deed of dedication; authorizing payment of differential costs for water main serving Stonecrest, Plat 4; approving the engineer's final report.

B399-02 Accepting a deed of dedication; authorizing payment of differential costs for water main serving Vanderveen Crossing, Plat 7; approving the engineer's final report.

B400-02 Accepting a deed of dedication; authorizing payment of differential costs for water main serving Springdale Estates, Plat 7; approving the engineer's final report.

B402-02 Authorizing an easement agreement with American Spectrum Realty Properties, Inc. to allow the installation of underground electric conductors in conduits across the parking lot of Parkade Center.

B403-02 Accepting a deed of dedication for water main purposes.

R219-02 Setting a public hearing: amendment to the FY 2002 Action Plan to allocate CDBG funds.

R220-02 Setting a public hearing: voluntary annexation of property located generally east of Maguire Boulevard and north of New Haven Road.

R221-02 Setting a public hearing: renovations to the Health Facility.

    The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:
 

NEW BUSINESS
R223-02     Authorizing the Finance Director to write off certain uncollectible receivables.
    The resolution was read by the Clerk.
    Ms. Fleming explained that the accounts proposed to be written off are ones in which the City no longer has a legal claim, or those that are $5 or less. The majority of the accounts listed are due to bankruptcies. If those are excluded, she said the remaining accounts total $5,515. She noted that staff files claims with the Court in order to collect on most accounts. Ms. Fleming pointed out that over $90 million was billed last year. She reported the City's allowance for uncollectible accounts is less than one-half of one percent.
    Mayor Hindman asked about the K-Mart account and how it got to that point. Ms. Fleming explained that the amount owed is the billing period from the end of November 2001 through the time of their bankruptcy (January of 2002). She indicated K-Mart was current until that time. The amount shown on the attachment is a one month bill for the large account. After filing bankruptcy, their account is now current.
    Mr. Hutton recognized some names on the list and wondered why the City could not collect from these individuals as they are current customers. Ms. Fleming responded that staff has contacted everyone on the list to no avail. She commented that staff has considered withholding building permits, business licenses, etc. Ms. Fleming thought they were doing everything possible, within legal limits, to collect the amounts due.
    The vote on R223-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R224-02     Authorizing an agreement with Department of Agriculture for stabilization of the north stream bank on Hinkson Creek at the Wastewater Treatment Plant.
    The resolution was read by the Clerk.
    Mr. Beck explained that flood conditions on the Hinkson in May of this year had created a log jam in the area of some of the City's sewer facilities. The Public Works Department has been working on a grant in which the Department of Agriculture will pay 75% of the cost of the project, and the City will pay 25% of the cost by providing in-kind service rather than an actual cash outlay from the Sewer Utility. The estimated cost for stabilizing the bank and clearing the jam is $61,000.
    Mr. Loveless said there are programs within the Conservation Department that will aid a landowner with stream bank stabilization. He asked if staff was aware of that and whether they spoke with any of the private land owners about it. Mr. Patterson assumed that was the case, but said he would check and make certain.
    The vote on R224-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R225-02     Approving the preliminary plat of Westcliff Subdivision.
    The resolution was read by the Clerk.
    Mr. Beck noted that this would create 175 R-1 lots on approximately 154 acres.
    Mr. Dudark described the property being located north of Old Gillespie Bridge Road and east of Perche Creek. He showed the layout of the plat on the overhead. During the Planning Commission's review of this, he noted that one question had been the right-of-way width for Chapel Hill Road. The Subdivision Regulations provide a range of 80 to 100 feet of right-of-way for an arterial street, and in this case staff recommends 100 feet to provide for possible future widening of the road and inclusion of bike and pedestrian facilities. He pointed out that this is the only bridge that crosses Perche Creek on the west side, but there are other potential bridges which have yet to be constructed. Mr. Dudark commented that there are some possibilities of future development even further west of Perche Creek because of a fairly large sewer line in the area. He stated that staff does not anticipate the need for a four-lane street immediately, but this would provide the right-of-way for one later on.
    Mr. Dudark reported the Commission also recommended that the plat be approved with the condition that direct driveway access onto Gillespie Bridge Road be prohibited on future final plats for Lots 201 through 205, 254 through 256, and Lot 277. He explained that those lots have access to a local street and do not need direct access to Gillespie Bridge Road.
    Mr. Hutton understood from the Planning and Zoning minutes that the road is not actually designed. Mr. Dudark said it is not. Mr. Hutton said it was similar then to the Council's earlier discussion about Green Meadows Road wherein there has been no decision made to the option to proceed with which would change the requirements for the right-of-way. By requiring 100-feet of right-of-way, he indicated staff would essentially be covering all alternatives. Mr. Dudark thought that was right. Mr. Hutton remarked if the road is finally designed at a narrower width with narrower pedestrian/bikeways, it would not need the entire 100-foot right-of-way. Mr. Dudark said it is possible that would be the case; however, if there is ever any need to make improvements to Chapel Hill twenty years from now, such things as fences, accessory buildings, utilities, etc. could have been placed in the right-of-way. Mr. Hutton understood the argument, but noted that if the right-of-way is just sitting there as open space, a lot of stuff could be built on it because it would appear to be a part of someone's yard.
    Mr. John said during the Green Meadows Road discussions, even when considering the widest version of it, the build only required an 88-foot right-of-way. He noted Chapel Hill has been looked at as a potential four-lane thoroughfare.
    When the road is built, Mr. Janku wondered whether the sidewalks would be built in the right-of-way that could eventually be torn out for widening. Mr. Dudark replied it would be graded so sidewalks are placed further away from the road's pavement. He said it would not have to be removed.
    Mr. Hutton asked how the developer would know how to design the street. Mr. Dudark explained that the current Subdivision Regulations stipulate that there be a minimum of 49-feet width of pavement, back of curb to back of curb, and a maximum of 68-feet. He related that staff would need to figure it so as to allow for flexibility in the design.
    Mr. Janku questioned whether the language in the plat reflects the 100-feet of right-of-way and the access restriction to the lots with frontage on Gillespie Bridge Road. Mr. Dudark replied affirmatively. Mr. Janku asked if the plat reflects the potential for greenbelt conservation and trail easement. Mr. Dudark replied that it does not -- staff will address this issue when the final plat is submitted. He noted there is some discussion in regard to the acquisition of the property along Perche Creek as a potential park site. Mr. Janku inquired if the Council approves the preliminary plat without the easement, whether they would have any legal standing to require it with the final plat. Mr. Dudark indicated the Council has no legal standing to require it in any case, but said there is mention of it in the report and in the minutes.
    Mayor Hindman understood the potential park site to be in the flood plain. Mr. Dudark said it was. Mayor Hindman asked if it would be buildable. Mr. Dudark replied a lot of fill work would have to occur before it could be developed. He said that was possible, but not likely.
    Regarding the trails master plan, Mr. Janku pointed out the Council left this open and have not adopted any regulations or rules that would require dedication. Mr. Boeckmann said that was correct, and if the Council wanted to start requiring such, they would have to amend the Subdivision Ordinance. As it stands now, the Council has a duty to approve a final plat when the preliminary plat meets all regulations. Mr. Boeckmann noted there are also Constitutional standards a plat must meet as well. Mr. Janku understood the Council would have the authority to pass an ordinance to acquire and pay for the land if the greenbelt easement is not dedicated. Mr. Boeckmann agreed.
    The vote on R225-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

    The following bills were introduced by the Mayor unless otherwise indicated, and all were given first reading:

B404-02     Approving the final plat of Corporate Lake, Plat 13, a replat of Lots 1 and 2 of Corporate Lake, Plat 1.

B405-02     Vacating a drainage easement located within Lot 292 of Smithton Ridge Subdivision, Plat 2; accepting a grant of easement for drainage purposes.

B406-02     Approving the final plat of Capri Estates, Block 8.

B407-02     Authorizing acquisition of property for park purposes.

B408-02     Authorizing acquisition of property for easements necessary to construct drainage improvements for Sinclair Street.

B409-02     Calling for bids for the renovations to the Health Facility.

B410-02     Appropriating funds from the Designated Loan Fund for the purchase of an AS/400 computer.

B411-02     Appropriating donated funds for "Let's Talk, Columbia!" Community Study Circle Program.
 

REPORTS AND PETITIONS
(A)     Proposed donation of Lot 58 of Stonecrest Subdivision for public open space.
    Mr. Beck explained that Fred and Cheryl Overton have submitted a written offer to donate a lot in Stonecrest Subdivision adjacent to two lots the City already owns. Staff recommends acceptance of the lot because it works with an overall plan in the area wherein a pathway across the three lots could connect the trail system. The other two lots belong to Public Works as a part of their storm water management plan.
    Mr. Janku made the motion that the Council accept the offer. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Mr. Janku was hopeful staff would work quickly to put in the park for the benefit of the adjacent development under construction.
 

(B)     Habitat request to purchase Indian Hills lots.
    Mr. Hutton noted that Habitat has been wanting to purchase these lots from the City for some time now. He thought the legislation should be prepared to allow for a public hearing and comment. As part of the legislation, he asked to see some restrictions placed on the lots, if legally possible. Those restrictions could include the homes must be constructed to a certain square footage, and whether garages should be required, but something that would cause the properties to develop as owner-occupied single family. In addition, development must occur within a certain time frame.
    Mr. Hutton made the motion that staff be directed to proceed with the legislation with the stipulation that his above comments be incorporated if legally possible. The motion was seconded by Mr. Janku.
    Mr. Janku agreed and said he would like to see it become mandatory that these lots be developed as owner-occupied. Mr. Hutton was hopeful the legislation could be crafted to force it to happen.
    Mr. John said there are two parts to the suggestion about covenants or restrictions on what is built there with one being to aim it at single family residential, owner-occupied, and the other is the homes be compatible with the neighborhood. He thought it was possible to do both. Mr. Loveless said a third would be timing of the construction. Mr. Hutton agreed. By compatible with the neighborhood, he said there should be language that would force the construction to at least be in conformance with the existing standards of the neighborhood.
    Mayor Hindman thought the Council would want the City to be able to enforce the deed restrictions. Mr. Boeckmann was not sure about the owner-occupied restriction. Mr. Hutton was thinking that the size of the home or the garage requirement could push it toward an owner-occupied house as opposed to a rental property.
    The motion made by Mr. Hutton, seconded by Mr. Janku, was approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Regarding the earlier comments about parties and noise, Mr. Coffman asked about the complaint process. Mr. Boeckmann explained that the ordinance does not require a complaining party. He said the Police Department may have a different policy in place. Mr. Coffman thought the more common problem in this area relates to simple peace disturbance, yards and streets full of yelling people. He understood peace disturbances require a signed complaint. Mr. Boeckmann was not sure that statement was correct under the actual peace disturbance as opposed to noise ordinance violation. He said if the officer witnesses the violation, there is no problem. Mr. Coffman asked about signing a complaint the next morning at the station. Mr. Boeckmann said the problem would be identifying who is involved.

    Mr. Coffman brought up the issue of Hinkson Creek and the suggestion that it be removed from the protection category. He said if the City had any data regarding pollution in the Creek, that it be made available for those people that want to see it remain on the EPA's list of protected streams. He asked Mr. Beck if he was aware of any relevant data. Mr. Beck said he would check into it.

    Mr. John supported the idea of having each board and commission review its own rules, quorums, etc. If there are difficulties, he suggested that the Chairs send the Council suggestions on things that would help them do their job better.
    Mr. John made a motion per his above statement. The motion was seconded by Mr. Janku.
    Mayor Hindman suggested sending the boards and commissions a questionnaire. Mr. John preferred to leave it open-ended, but supposed they could have a list of general topics such as quorums, attendance issues, and procedures.
    The motion made by Mr. John, seconded by Mr. Janku, was approved unanimously by voice vote.

    Ms. Crayton asked for information on The ARC and the scholarship procedure. Mr. Hood commented that staff is presently accepting applications at the Parks and Recreation Offices. He said anyone is welcome to come by and pick up an application. He noted that they would also take applications at The ARC once it is opened. Mr. Hood indicated information on the scholarship guidelines and how the program works is available to the public. A press release was issued stating that scholarship applications are available. Mr. Hood related that staff is prepared to take applications from anyone interested.

    Mr. Janku noted a problem with signs remaining on properties after someone has shut down their business. Specifically, the sign is still up at the old Payless Cashways location, although the nameplate has been taken down. He recalled the sign ordinance having a provision requiring that signs come down within six months of a business closing.
    Mr. Janku made the motion that staff be directed to report back on whether or not that language is inadequate, or if it is just a matter of bringing the signs to the attention of the appropriate staff. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Janku noted that as part of the public comments about the Parks and Recreation Master Plan, the Council received a letter from Mary Still, who is with the Blind Boone Foundation, about whether or not the Boone Home should be classified as a special purpose park. He thought it was time the Council made a decision on that issue.
    Mr. Janku made the motion that staff report back on possible options with recommendations in terms of ownership, control and similar things. The motion was seconded by Mr. Coffman.

    Mr. Janku commented that another issue that came up when discussing the Parks Master Plan was the Fairgrounds property. He reiterated what the Council said and made public by a motion that they would cooperate and work with the County on the property. He saw no ambivalence to anything they have said or done. Mayor Hindman said the Parks and Recreation Department has met with the County.

    Mr. Janku related there has been talk about a City report or a directory of City services. He was under the impression it was something that would be produced relatively soon. He wanted to know where staff was on the issue.

    Sam Giroux, 1409 University, thanked the Council for taking up the questions and concerns relating to the Community Development Commission. Regarding party noise and traffic, he noted that only one car can get through for blocks at a time in the East Campus area because of cars being parked on both sides of the street.
    Mr. Coffman remarked that the City of Springfield has a residential parking program and they believe it has improved the situation of parties in the two neighborhoods bordering their major campus.

    Karl Skala, 5201 Gasconade, referring to the earlier discussion regarding boards and commissions, reported that the original language of the ordinance never had the term liaison in it. It used the word "member". He said all members had the same rights and privileges. He said the change is probably for the better.

    Jamie Loyd, 1508 Sylvan Lane, Grass Roots Organizing member (GRO), read from a sheet she passed out to the Council regarding The ARC and discrepancies she and her group questioned pertaining to the scholarship program.

    Henry Lane, 1816 E. Broadway, referred to the earlier discussion regarding quorums and the cancellation of meetings. He reported that the Mechanical Board is applicant driven and they only have meetings when someone applies for a license for heating or air conditioning work. Mr. Lane was concerned that applicants, not always from Columbia, would have to return another time if this Board did not have a quorum. He indicated his Board would be happy to respond to a questionnaire.

    The meeting adjourned at 9:05 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk